JUDGMENT :

The petitioner has approached this Court for the following reliefs :-

I. To add two marks for correct answer of Question No.11 in Part- B, Section-I where originally 8 out of 10 marks was awarded to the petitioner, but subsequently 8 was strike off and 6 marks was inserted.

II. Further the respondents may be directed to award two marks for question No.13 (XI) in Part-B Section-II, wherein correct option was written by the petitioner, which would enhance the total marks obtained by the petitioner from 205 to 209 and further to publish the petitioner’s name in the list of successful candidates on the basis of the cut-off marks being 206.

III. Be pleased to hold that the total marks obtained by the petitioner was not written in both of his Answer Sheets being Paper-1 and Paer-2 although the mark-sheet issued to the petitioner by JPSC shows total marks including the Sports Achievement Marks and Interview marks altogether as 205, which smacks of connivance, accommodativeness, bias, malafide and arbitrariness as upon totaling of the marks obtained from the above two questions, petitioner would be getting a total marks of 209 in BC-II Category.

IV. Be pleased to direct the respondent-Jharkhand Public Service Commission to issue and publish the Answer Key of the objective type question as the same has not been uploaded through the Final Result was declared in March, 2020.

V. Be pleased to direct the respondent-Jharkhand Public Service Commission to publish fresh merit list.

VI. Be pleased to direct the respondent-Jharkhand Public Service Commission to award two marks for giving correct answer to question No.13 (XIII) of Paper I.

VII. Be pleased to direct the respondent-Jharkhand Public Service Commission to produce the Answer Sheet of Paper-I and Paper-II of the petitioner before this Hon’ble Court.

VIII. Be pleased to stay the process of appointment of District Sport Officer in pursuance of the aforesaid Advertisement No.12/2017 on the recommendation of the JPSC.

IX. Be pleased to reserve one seat under BC-II Category till the final disposal of the instant writ petition.

2. The case of the petitioner lies in a narrow compass. An Advertisement being Advertisement No.12/2017 was floated by the Jharkhand Public Service Commission (hereinafter to be referred as ‘JPSC’) for appointment of 24 District Sports Officers i.e. one post for each District. Out of the 24 posts, only 1 post was reserved for BC-II Category. Pursuant to the same, the petitioner having all the requisite qualification, applied for the said post of District Sports Officer and thereafter, appeared in the written examination, in which he was declared successful. Thereafter, e-call letter was issued for appearing in the documents verification drive scheduled on 04.02.2020 and interview on 05.02.2020, in which the petitioner appeared. Thereafter, results were published, the petitioner had obtained 175 marks out of 400 in written examination, 8 marks out of 30 marks in sports achievement and 22 marks out of 30 marks in interview and thus he has obtained total of 205 marks in the said examination, whereas cut off marks for BC-II candidate was 206 marks only. Aggrieved by the same, the petitioner on 19.05.2020 had applied to view his evaluated Answer Sheet of Paper-I and Paper-II under the Right to Information Act, 2005, but no response has been given by the Public Information Officer, JPSC, Ranchi. Aggrieved by the same, he preferred First Appeal on 01.07.2020 before the First Appellate Authority, JPSC, thereafter, JPSC vide its letter dated 16.07.2020 had informed the petitioner that on 08.09.2020 at 12:00 pm in the office of JPSC, the petitioner can view his evaluated Answer Sheets. Thereafter, the petitioner appeared on the said date in the office of the JPSC. Upon seeing the Answer-sheet of Paper-I and Paper-II, on 11.09.2021, the petitioner represented before the Controller of Examination, JPSC that there are certain anomalies in evaluating the Answer-sheet of the petiti